Carew v Jackman

• Jurisdiction: Ireland
• Judgment Date: 15 December 1966
• Date: 15 December 1966
• Court: High Court

(H.C.)

Carew

and

Jackman

Purported letting of part of land without consent of Land Commission - Letting void by reason of statutory prohibition - Whether agreement on part of landlord for title and for quiet enjoyment could be implied - Effect of repeal of statutory prohibition - Whether consent of the Land Commission given pursuant to new legislation would validate letting - Landlord and Tenant Act (Ireland) 1860, ss. 1, 41 - Land Act, 1927, s. 4 (1)- Land Act, 1936, s. 44 (2) - Land Act, 1965, ss. 12, 47, First Schedule.

In proceedings in ejectment on the title the plaintiff sought to recover possession of a portion of freehold registered land which he had purported to let to the defendant by an agreement in writing, without having obtained the appropriate consent of the Land Commission, in contravention of the provisions of s. 4 (1) of the Land Act, 1927, as extended by s. 44 (2) of the Land Act, 1936. The plaintiff contended that, accordingly, the letting was void. The defendant submitted that an agreement by the plaintiff for good title and for quiet enjoyment should be implied pursuant to the provisions of s. 41 of the Landlord and Tenant Law Amendment Act, Ireland, 1860, and that the plaintiff should endeavour, in view of the repeal of the said provisions of the Acts of 1927 and 1936, to obtain the consent of the Land Commission to such letting pursuant to the provisions of s. 12 (3) of the Land Act, 1965, and that such consent could validate the letting retrospectively. Held by McLoughlin J. 1, that, in the absence of an appropriate consent of the Land Commission, the letting was rendered void by reason of the provisions of s. 4 (1) of the Land Act, 1927, as extended by s. 44 (2) of...